Collection article | Sammelwerksbeitrag

Legal Regulations regarding Family in the Austrian and Hungarian Legislation in the Second Half of the 19th Century

More often than not, the State did not acknowledge the matrimonial norms as settled by the Church. This relation seems to have altered towards the end of the 19th century, when the State succeeded in imposing on the Church the respect for the general civil framework. Yet, the change was not radical. The Church and the State were still pretty connected. The State acknowledged the Church’s right to be in charge with officiating marriages, with bed and home separation according to the requirements of each confession. However, the State had the right to supervise the civil and military status, the relationship between the spouses, legacy, legal guardianship, the issue of supporting children and spouses and many others. The Church admitted the involvement of the State in major demographic issues in an individual’s life. As time went by, the State became more and more complex while its legislation became ever more “lay”. It is true that willy-nilly lay legislation borrowed norms and regulations belonging to Church’s legislation. The frail State – Church dualism on family law was influenced by lay laws enforcing the lay legitimacy of important moments in man’s life. Matrimonial laws as set out in 1894 were the most complex laws in the 19th century. Due to their clarity, they managed to put an end to misunderstandings between lay and Church authorities. Moreover, the matrimonial issues between different confessions were in favour of the State. Civil law very clearly favoured family and children’s interests. They were all conceived to better supervise individual’s education in a moral family where the Church would still have an influence.

Legal Regulations regarding Family in the Austrian and Hungarian Legislation in the Second Half of the 19th Century

Urheber*in: Brie, Mircea

Attribution 4.0 International

Alternative title
Reglementări juridice privitoare la familie în legislaţia austriacă şi maghiară din a doua jumătate a secolului al XIX-lea
ISBN
978-963-473-145-7
Extent
Seite(n): 297-306
Language
Rumänisch
Notes
Status: Veröffentlichungsversion; begutachtet

Bibliographic citation
Politici imperiale în estul şi vestul spaţiului românesc

Subject
Recht
Geschichte
allgemeine Geschichte
Recht
Religionszugehörigkeit
Gesetzgebung
Staat-Kirche
Österreich
Heirat
Ungarn
Familienrecht

Event
Geistige Schöpfung
(who)
Brie, Mircea
Event
Herstellung
(who)
Şipoş, Sorin
Brie, Mircea
Horga, Ioan
Şarov, Igor
Gumenâi, Ion
Event
Veröffentlichung
(when)
2010

URN
urn:nbn:de:0168-ssoar-329876
Rights
GESIS - Leibniz-Institut für Sozialwissenschaften. Bibliothek Köln
Last update
21.06.2024, 4:27 PM CEST

Data provider

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Object type

  • Sammelwerksbeitrag

Associated

  • Brie, Mircea
  • Şipoş, Sorin
  • Horga, Ioan
  • Şarov, Igor
  • Gumenâi, Ion

Time of origin

  • 2010

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